An overview of jurisdiction issues that arise for multinational employers. Includes a discussion of The Supreme court of Canada's "Real and Substantial Connection" Test for when a suit is appropriately brought in a specific jurisdiction.
A review of the potential liabilities companies in Brazil face from collective moral damages in employment litigation.
This paper focuses on best practices and processes that allow a client and LPO provider to form a partnership that meets the client’s legal needs while effectively controlling associated costs.
The Court of Justice of the European Union (CJEU) released its judgment today in the Crédit Lyonnais case (C-388/11), finding that in determining the deductible proportion of VAT applicable, a company, the principal establishment of which is situated in a Member State, may not take into account the turnover of its branches established abroad.
Both the Russian and French courts considered asymmetric clauses to be inequitable and as such, invalid. In light of these decisions, caution should be exercised whenever you are considering incorporating an asymmetric clause.
The Singapore International Arbitration Centre (SIAC) published statistics regarding the use of its emergency arbitrator provisions. These show a record number of emergency arbitration applications received by the SIAC in the last year, in an increasingly broad range of sectors. Overall, the SIAC has handled 34 emergency arbitrations since this procedure was introduced in July 2010. It is a system that has been proven to work well, in itself; but there remain issues with emergency arbitration, particularly in the enforceability of emergency arbitration awards, as Ben Giaretta and Michael Weatherley explain.
On 4 February 2014, the Singapore High Court, in The Titan Unity (No. 2), confirmed that a non-signatory to an arbitration agreement can be joined in an arbitration only with the consent of all the parties concerned. The decision is of interest, as it highlights the issue of joining non-signatories to an arbitration and consolidation of related arbitration proceedings.
This sample guideline document includes general provisions to consider when retaining outside counsel.
A review of "moral damages" inflicted upon on employer by its employee. Acts such as unsuitable behavior, bad procedure, competition and, in particular, the violation of professional secrecy can give rise to "moral damages."
The Anti-Corruption Law entered into force in Brazil last month. Under the new law, parent companies, subsidiaries, other affiliates and consortiums are jointly and severally liable for payment of fines and indemnification of damages resulting from unlawful acts. Read this article for further discussion of the main matters covered by the new law. This article is also available in Portuguese:
<p><a href=" http://www.acc.com/legalresources/resource.cfm?show=1359561">The Brazilian Anti-Corruption Law Comes Into Effect (Portuguese)</a></p>